term will expire, either by completion of a full term, or by reason of the disability of age, prescribed in the constitution. The certificate must be filed in the office of the secretary of State, who must keep a record of the time of the commencement and termination of the official term, of each judge of a court of record.

L. 1870, ch. 86, 28 (7 Edm. 653), and People v. Gardner, 45 N. Y. 812: Dohring v. People, 2 T. & C. 458.

ARTICLE SECOND.

ATTORNEYS AND COUNSELLORS AT LAW.

SEC. 55. Party may appear in person or by attorney. 56. Examination and admission of attorneys.

57. Rules, how changed.

58. Exemptions to graduates of certain law schools.

59. Attorney's oath of office, and certificate of admission.

60. Attorneys residing in adjoining states.

61. Clerks, etc., not to practice.

62. Id.; as to sheriff, etc.

63. None but attorneys to practice in New-York and Kings countles↑ 64. Penalty for violation, or suffering violation of last section.

65. Death or disability of attorney; proceedings thereupon.

66. Attorney or counsel's compensation.

67. Removal or suspension for malpractice, etc.

68. Must be on notice.

69. Removal or suspension, how to operate.

70. Punishment for deceit, etc.

71. Id.; for wilful delay of action.

72. Attorney not to lend his name.

73. Attorney not to buy claim.

71. Certain loans prohibited.

75. Penalty

76. Limitation of preceding sections.

77. Same rule when party prosecutes in person.

78. Partner of district-attorney, etc., not to defend prosecutions. 79. Attorney not to defend when he has been public prosecutor. 80. Penalty.

81. Limitation of provisions.

55. Party may appear in person or by attorney -A party to a civil action, who is of full age, may prosecute or defend the same in person or by attorney, at his election, unless he has been judicially declared to be incompetent to manage his affairs. Each provision of this act, relating to the conduct of an action, wherein the attorney for the party is mentioned, includes a party prosecuting or defending in person, unless otherwise specially prescribed therein, or unless that con struction is manifestly repugnant to the context. If a party has an attorney in the action, he cannot appear to act in person, where an attorney may appear or act

either by special provision of law, or by the course and practice of the court.

2 R. S. 276, 11 (3 R. S., 5th ed., 467; 2 Edm. 285). Martine v. Lowenstein, 15 Alb. L. J. 124; Johnston v. Winter, 7 id, 135; Webb v. Dell, 18 Abb. 264; Halsey v. Carter, 6 Robt. 535; Read v. French, 28 N. Y. 285.

X 56. [Amended, 1886.] Examination and admission of attorneys.-A citizen of the State, of full age, hereafter applying to be admitted to practice as an attorney or counselor, in courts of record of the State, must be examined at a general term of the supreme court, by the justices holding the term, or a committee appointed by them. If it is found that such person has complied with the rules, established by the court of appeals for that purpose, and such person is approved, by the justices holding the term, for good character and learning, the court must direct an order to be entered, stating those facts, and admitting such person to practice as an attorney and counselor, in all the courts of record of the State. Whereupon, after qualifying, as prescribed in section 59 of this act, such person is entitled to practice accordingly; subject, nevertheless, to suspension or removal from office, as prescribed by law. The race or sex of such person shall constitute no cause for refusing such person admission to practice in the courts of record of the State as an attorney and counselor.

L. 1871, ch. 486, part of 23 (9 Edm. 95), am'd. Matter of Henry, 40 N. Y. 560; Matter of Mosness, 20 Am. Rep. 55; Matter of Russell, 15 Alb. L. J. 520; Bradwell v. State, 16 Wall. 130; Matter of Cooper, 22 N. Y. 67.

57. Rules, how changed. The rules established by the court of appeals, touching the admission of attorneys and counsellors to practice in the courts of rec ord of the State, shall not be changed or amended, except by a majority of the judges of that court. A copy of each amendment of those rules must, within five days after it is adopted, be filed in the office of the sec retary of State; who must transmit a printed copy thereof to the clerk of each county, and to the presid ing justice of the supreme court, in each judicial department, and also cause the same to be published, ir the next ensuing volume of the session laws.

Id., 2.

§ 58. [Amended, 1877.] Exemptions to graduates of certain law schools. Nothing contained in the last two sections prevents the court of appeals from dispensing, in the rules established by it, with the whole or any part of the stated period of clerkship, required from an applicant, or with an examination,

where the applicant is a graduate of the Albany law school, the law department of Union university, or of the law department of the university of the city of New-York, or of the law school of Columbia College, or of the law department of Hamilton College, and produces his diploma upon his application for admission. L. 1871, ch. 486, § 3, am'd. L. 1872, ch. 260 (9 Edm. 345).

§ 59. Attorney's oath of office, and certificate of admission. Each person, admitted as prescribed in the last three sections, must, upon his admission, take the constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the supreme court for that purpose. The clerk, upon the payment of the fees allowed by law, must deliver to the person admitted, a certificate under his hand and official seal, stating that such person has been so admitted, and that he has taken and subscribed the constitutional oath of office, as prescribed in this section. 2 R. S. 287, 66 (3 R. S., 5th ed., 477; 2 Edm. 298).

§ 60. Attorneys residing in adjoining states. —A person, regularly admitted to practice as attorney and counsellor, in the courts of record of the State, whose office for the transaction of law business is within the State, may practice as such attorney or counsellor, although he resides in an adjoining state. But service of a paper, which might be made upon him at his residence, if he was a resident of the State, may be made upon him, by depositing the paper in a post-office in the city or town where his office is located, properly inclosed in a postpaid wrapper, directed to him at his office. A service thus made is equivalent to personal service upon him.

L. 1866, ch. 175, 21 (6 Edm. 706). See Matter of Henry, 40 N. Y. 560; Richardson v. Railroad Co., 22 How. 368; Matter of Mosness, 20 Am. Rep. 55.

§ 61. Clerks, etc., not to practice. The clerk, deputy-clerk, or special deputy-clerk of a court shall not, during his continuance in office, practice as attor ney or counsellor in that court.

1 R. S. 109, 26, am'd.

§ 62. Sheriffs, etc., not to practice. A sheriff, under sheriff, deputy-sheriff, sheriff's clerk, constable, coroner crier, or attendant of a court, shall not, during his con

tinuance in office, practice as an attorney or counsellor in any court.

1 R. S. 109, 227, extended.

63. [Amended, 1879.] None but attorneys to practice in New-York and Kings counties.— A person shall not ask or receive, directly or indirectly, compensation for appearing as attorney in a court in the city and county of New-York, or in the county of Kings, or make it a business to practice as an attorney in a court in either of those counties, unless he has been regularly admitted to practice as an attorney or counsellor in the courts of record of the State.

L. 1862, ch. 484, 1; and id., ch. 53, 1. Roy v. Harley, 1 Duer, 637; Parow e. Cary, 1 How. 66; Weir v. Slocum, 3 id. 397; Harland v. Lilienthal, 53 N. Y. 435.

64. Penalty for violation, or suffering violation of last section. A person who violates the last section is guilty of a misdemeanor, and shall be punished by imprisonment in the county jail, not exceeding one month, or by a fine of not less than one hundred dollars, or more than two hundred and fifty dollars, or by both such fine and imprisonment. A judge or justice of the peace, within the city and county of Now-York, or the county of Kings, who knowingly permits to practice in his court, a person who has not been regularly admitted to practice in the courts of record of the State, is guilty of a misdemeanor, and shall be punished as prescribed in this section. But this and the last section do not apply to a case, where a person appears in a cause, to which he is a party. Id.; and 2 of ch, 484.

65. Death or disability of attorney; proceedings thereupon.-- If an attorney dies, is removed or suspended, or otherwise becomes disabled to act, at any time before judgment in an action, no further proceeding shall be taken in the action, against the party for whom he appeared, until thirty days after notice to appoint another attorney, has been given to that party, either personally, or in such other manner as the court directs.

R. S., 2 67 13 R. S., 5th ed., 477; 2 Edm. 298). Jewell v. Schoufen, IV. V. 241; Piofendorf e, House, 9 How, 211; Chautauque County Raz, Risley, 6 Hill, 375, See post, 18799, 800, 1302.

§ 66. [Amended, 1879.] Attorney's and counsellor's compensation. The compensation of an attorney or counsellor for his services, is governed by agreement, express or implied, which is not restrained by law. From the commercoment of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a Biên phon his client's cause of action or counterclaim, which attacles to a verdict, report, decision or judgment in his client's favor and the proceeds thereof in whosoever bands they may come; and cannot be affected by any settlement between the parties before or after judgment.

Prow, Felt Cook » Ritten & P. D. 8015, 285; Garr r. Mairet, 1 ist dangle. Kajol Bib da: Berling &. King, 2 T. & C. 545;

****A, AN. 1. so; Hagh; e, Moore, 37 Sigr, 161; How

land v. Taylor, 6 Hun, 237; Marshall v. Meech, 51 N. Y. 140; Coughlin . N. Y. C. & II. R. R. R., 8 Hun, 136; Harland w. Lilienthal, 55 N. Y. 438 Holmes v. Goodwill, 4 T. & C. 645, s. c., 2 Hun, 410; Easton v. Smith, 1 E. D. Smith, 318; Cregier v. Cheesbrough, 25 How, 200.

§ 67. [Amended, 1891.] Removal or suspension for malpractice, etc. An attorney and counselor, who is guilty of any deceit, malpractice, crime or misdemeanor, or, who is guilty of any fraud or deceit in proceedings by which he was admitted to practice as an attorney and counselor of the courts of record of this state, may be suspended from practice or removed from office, by the supreme court, at a general term thereof. Any person being an attorney and counselor-at-law, who shall be convicted of a felony, shall, upon such conviction, cease to be an attorney and counselor-at-law, or to be competent to practice law as such. Whenever any attorney and counselor-at-law shall be convicted of felony there may be presented to the general term of the supreme court a certified or exemplified copy of the judgment of such conviction, and thereupon the name of the person so convicted shall, by order of the court, be stricken from the roll of attorneys. Upon a reversal of such conviction, or pardon by the president of the United States or governor of this state, the general term shall have power to vacate or modify such order of debarment. 1 R. S. 109, first clause of 3 24 (1 R. S., 5th ed., 400; 1 Edm. 99), am'd. In re Percy, 36 N. Y. 651; Bradley . Fisher, 13 Wall. 335; Ex parte Peterson, 3 Paige, 510; Ex parte Niles, 48 How. 246; Anon., 22 Wend, 656; Saxton v. Stowell, 11 Paige 526; Stryker's Case, 1 Wh. C. Cas. 330; Niven's Case, id. 337; Matter of Kelly, 62 N. Y. 198; Matter of Gale, 75 id. 426; Matter of Eldridge, 9 Week. Dig. 563; Matter of an Attorney, 86 N. Y. 563,

§ 68. Must be on notice.- Before an attorney or counsellor is suspended or removed, as prescribed in the last section, a copy of the charges against him must be delivered to him, and he must be allowed an opportunity of being heard in his defense. The presiding justice of the general term making the order of reference in such charges may make an order directing the expenses of such proceedings to be paid out of any moneys applicable thereto.*

Id., last clause. See Bradley v. Fisher, 13 Wall. 335; In re Percy, 36 N. Y. 651; 1 Wait's Act. and Def. 474.

§ 69. Removal or suspension, how to operate.- The suspension or removal of an attorney or counsellor, by the supreme court, operates as a suspension or removal in every court of the State.

Id., first clause of 25. Matter of Peterson, 3 Paige, 510.

70. Punishment for deceit, etc. An attorney or counsellor, who is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or a party, forfeits, to the party injured by his deceit or collusion, treble damages. He is also guilty of a misdemeanor.

2 R. S. 287, § 68 (3 R. S., 5th ed., 477; 2 Edm. 298).

$71. Id.; for wilful delay of action.- An attorney or counsellor, who wilfully delays his client's cause, with a view to his own gain, or wilfully receives money, or an allowance for or on account of money, which he has not laid out or become answerable for, forfeits to the party injured, treble damages. Id.. 2 69.